Wallet stolen at Gap Outlet

[Guest ristay]

OP: Did you call the Gap today to find out if the employee turned your wallet in? Many will assume the employee was up to no good. But... what if the employee kept your wallet for the purpose of a safe return? I am thinking positive thoughts here.

 

I think the Gap employee knew there were cameras in the store.

[sedric1]

^^ haha perfect picture above me.

 

i guess tis the season to get robbed. lots of reports are hitting home which tells me that times are hard for some and much harder for others. it makes me want to buy a gun.

[Guest ristay]

^^ haha perfect picture above me.

 

i guess tis the season to get robbed. lots of reports are hitting home which tells me that times are hard for some and much harder for others. it makes me want to buy a gun.

 

OP... please post what damages the employee did. I hope you don't have any problems.

[Umm2Two]

Have you called to speak with the District Manager of the store yet?

 

No, last conversation I had yesterday was with the store manager and assistant manager, who both said they were going to be sure to get into contact with me this morning.

 

I would push to speak with the DM and then with the Regional Manager.

 

I will def request to speak with the DM and RM if this isn't resolved by 1-2 pm this afternoon. Thanks for all your suggestions!!

 

GAP should also have a loss prevention department that could also help you with the prosecution of this individual.

[Umm2Two]

O.K. Playing devil's advocate assuming that I was Gap's lawyer. Plaintiff (being the customer) should have taken more care of her wallet and had a responsibility to mitigate damages. (At most, I suspect GAP is responsible (and I am not clear that is the case) for the amount of money in the wallet. If I leave the wallet on the counter EVEN at the direction of the employee then did I BREACH my duty (assuming that it exists) of care. Just because an employee says "Give me your wallet" means that it is reasonable to do so. Certainly, I would be (playing devil's advocate) that YOU as the customer should have immediately asked for the wallet back.

 

 

If GAP (which it probably did) took reasonable and prudent measures which probably would mean doing a basic criminal (and perhaps credit) check then I would be arguing (again playing devils advocate) then GAP did perform a reasonable due diligence in checking out the employee.

 

In order to prove vicarious liability, the plaintiff must prove three elements. (1) There must be an employer/employee relationship between the alleged wrongdoer (cashier) and Gap, (2) that the employee committed a wrongful act, and (3) that the wrongful act occurred within the scope of her employment. All three elements must be shown. Element one is easy. The cashier and Gap definitely have an employee/employer relationship. Element two would be easy if, in fact, the employee stole the wallet. Element three is always most difficult -- because employers often say that the employee was working outside the scope of her employment when the theft occurred.

 

 

And the IMPORTANT thing as you point out is that ALL 3 elements need to be shown.

 

 

 

As for the plaintiff's potential contributory negligence, it will be difficult to prove here. Indeed, plaintiff lost the wallet. Plaintiff, once she figured out that it was missing, immediately returned to the possible location of the loss. Additionally, in this particular case the employee actually had the wallet. There is a video tape showing that employee had wallet. Thus, our plaintiff did everything she could to retrieve the item.

 

Of course, the basic argument would be that Plaintiff should have never had the wallet missing in the first place.

 

As to whether Gap performed an adequate background check, we simply don't know what it did. We don't know the facts.

 

 

Definitely an (perhaps TOTALLY unwarranted) extrapolation but (at least from my limited knowledge of retail hiring) the prospective employer will order (to which you consent to) a standard background check (which likely includes drug testing along with pulling your CR). The background check will also consist of a criminal background check along with visiting the local county court to check your arrest and conviction records. If an arrest record is found which is related to retail i.e. theft then even if no conviction follows from your arrest then you are most likely NOT going to get hired. (The suggestion that you expunge arrest records was not meant to be a mere theoretical exercise) Under OP's circumstances, you won't be able to meet the factual innocence requirement of California Penal Code Section 851.8 to expunge the arrest record. If a criminal conviction is found even if it is unrelated to the nature of your employment then you still may not get hired.

 

 

 

My wife used to work at Gap. They did not perform a criminal background check. Gap did NOT do a drug test. Gap did pull her credit report. She hasn't worked there for some time. Gap could have changed its policy. Wouldn't know. All I can say is what I know to be the standard in my jurisdiction.

 

As to the loss of the wallet, the court isn't going to blame the victim (sorry, victim, you shouldn't have lost your wallet; you get what you deserve). In fact, our plaintiff returned to the store within ten minutes. Very reasonable. Thank goodness we're not held to a high standard when it comes to dropping our wallets at cash registers. It happens. Maybe I read the OP wrong but I believe that the clerk asked her for the wallet. If so then that would NOT be the same thing. i.e. Plaintiff knew of the location of the wallet. However, I could be wrong and definitely would like to avoid going off topie. And it's definitely something that is foreseeable. Just like leaving a credit card at the cash register. It simply happens enough that Gap has a procedure in place when people lose or leave their wallet. I am not sure that Gap has a duty of care for someone that loses their wallet. But again, I am not sure that the wallet was lost. No doubt the wallet was stolen by a Gap employee but it does not follow that Gap itself is responsible.

 

 

The clerk didn't ask for my wallet, I dropped it and the customer behind me gave it to her, and she put it to the side, instead of logging it, telling her manager, and putting it away for safe keeping so they could a. contact me and B. if unable to contact me turn it over to the customer service desk at the mall, who would then contact the police if I did not return before closing of the day. Seeing that she neglected all of the steps I still call it theft, because she kept it until the end of the day then left with it when her shift at work ended.

Edited December 28, 2007 by Alenaya05

[El Gabito]

I used to be a LPM (LP = Loss Prevention) at a large retail store - You should easily be able to get in contact w/ the DLPM.

 

It matters not what the intent of the cashier was, once she pocketed the wallet and left the store it was a theft (because it is personal property and not store property it would probably be determined to be theft at the time she placed it in her pocket).

 

I hope by this point you have filed a report? DO NOT rely on the store personnel to do this for you (both with the police and with GAP, inc).

[manofice]

that gap employee is so screwed, lol. I hope you get all your stuff straightened out!

Edited December 28, 2007 by manofice

[heavyjay]

WOW, this is horrible. Since she is an employee and they have records on her I am sure that you will get everything back. You did the right thing by canceling all cards. It has to be a scary feeling having someone violate you basically in your face. I feel as though the Gap does have alot of responsibility here. I would also get the employee name and other pertinent information from the manager and file a police report. I think the "friendly" cashier should be arrested for theft. In essence she did still your wallet, it was right there and she outright denied it every being there. I hope everything works out please keep us posted. Have you thought of freezing your reports now!!

Jazzy~

 

OP will have two possible causes of action here. One, that the employer liable under respondeat superior -- which means that the employer is responsible for the actions of its employees. Did the theft occur within the scope of the employee's work duties?

 

Separately, the employer could be on the hook because of its potential negligence in hiring this person. Did Gap do an adequate background check on the employee? Did the employee have a propensity for stealing during her past jobs? In other words, were the actions of the employee foreseeable?

 

Gap knows the legality of this situation. Gap will be working quickly to deal with this situation.

 

Marcus,

Can I pm you about respondeat superior? My son has a situation at work he needs advice on.

[Umm2Two]

I used to be a LPM (LP = Loss Prevention) at a large retail store - You should easily be able to get in contact w/ the DLPM.

 

It matters not what the intent of the cashier was, once she pocketed the wallet and left the store it was a theft (because it is personal property and not store property it would probably be determined to be theft at the time she placed it in her pocket).

 

I hope by this point you have filed a report? DO NOT rely on the store personnel to do this for you (both with the police and with GAP, inc).

 

I will definetly call in about thirty minutes and attempt to get the cashiers name as I wasn't given it yesterday evening. I was at the mall approximately 3 hours after the purchase trying to find out where my wallet was and by the time I left it was close to closing time. I think they open in a few minutes anyway. Thanks all of you for the support you guys are awesome!

[yourguide]

I used to be a LPM (LP = Loss Prevention) at a large retail store - You should easily be able to get in contact w/ the DLPM.

 

It matters not what the intent of the cashier was, once she pocketed the wallet and left the store it was a theft (because it is personal property and not store property it would probably be determined to be theft at the time she placed it in her pocket).

 

I hope by this point you have filed a report? DO NOT rely on the store personnel to do this for you (both with the police and with GAP, inc).

 

I will definetly call in about thirty minutes and attempt to get the cashiers name as I wasn't given it yesterday evening. I was at the mall approximately 3 hours after the purchase trying to find out where my wallet was and by the time I left it was close to closing time. I think they open in a few minutes anyway. Thanks all of you for the support you guys are awesome!

 

Have you checked your bank accts and other CC accts on line to make sure she didnt use the cards?

 

Also, her intent was clear. If she intended to return it to you she would have when you came back asking if anyone turned in your wallet. She looked you dead in the eye and said no.

[Credit Matters]

WOW, this is horrible. Since she is an employee and they have records on her I am sure that you will get everything back. You did the right thing by canceling all cards. It has to be a scary feeling having someone violate you basically in your face. I feel as though the Gap does have alot of responsibility here. I would also get the employee name and other pertinent information from the manager and file a police report. I think the "friendly" cashier should be arrested for theft. In essence she did still your wallet, it was right there and she outright denied it every being there. I hope everything works out please keep us posted. Have you thought of freezing your reports now!!

Jazzy~

 

OP will have two possible causes of action here. One, that the employer liable under respondeat superior -- which means that the employer is responsible for the actions of its employees. Did the theft occur within the scope of the employee's work duties?

 

Separately, the employer could be on the hook because of its potential negligence in hiring this person. Did Gap do an adequate background check on the employee? Did the employee have a propensity for stealing during her past jobs? In other words, were the actions of the employee foreseeable?

 

Gap knows the legality of this situation. Gap will be working quickly to deal with this situation.

 

Marcus,

Can I pm you about respondeat superior? My son has a situation at work he needs advice on.

 

I'm not a lawyer. I'm a law student. I would be of no help.

[Credit Matters]

O.K. Playing devil's advocate assuming that I was Gap's lawyer. Plaintiff (being the customer) should have taken more care of her wallet and had a responsibility to mitigate damages. (At most, I suspect GAP is responsible (and I am not clear that is the case) for the amount of money in the wallet. If I leave the wallet on the counter EVEN at the direction of the employee then did I BREACH my duty (assuming that it exists) of care. Just because an employee says "Give me your wallet" means that it is reasonable to do so. Certainly, I would be (playing devil's advocate) that YOU as the customer should have immediately asked for the wallet back.

 

 

If GAP (which it probably did) took reasonable and prudent measures which probably would mean doing a basic criminal (and perhaps credit) check then I would be arguing (again playing devils advocate) then GAP did perform a reasonable due diligence in checking out the employee.

 

In order to prove vicarious liability, the plaintiff must prove three elements. (1) There must be an employer/employee relationship between the alleged wrongdoer (cashier) and Gap, (2) that the employee committed a wrongful act, and (3) that the wrongful act occurred within the scope of her employment. All three elements must be shown. Element one is easy. The cashier and Gap definitely have an employee/employer relationship. Element two would be easy if, in fact, the employee stole the wallet. Element three is always most difficult -- because employers often say that the employee was working outside the scope of her employment when the theft occurred.

 

 

And the IMPORTANT thing as you point out is that ALL 3 elements need to be shown.

 

 

 

As for the plaintiff's potential contributory negligence, it will be difficult to prove here. Indeed, plaintiff lost the wallet. Plaintiff, once she figured out that it was missing, immediately returned to the possible location of the loss. Additionally, in this particular case the employee actually had the wallet. There is a video tape showing that employee had wallet. Thus, our plaintiff did everything she could to retrieve the item.

 

Of course, the basic argument would be that Plaintiff should have never had the wallet missing in the first place.

 

As to whether Gap performed an adequate background check, we simply don't know what it did. We don't know the facts.

 

 

Definitely an (perhaps TOTALLY unwarranted) extrapolation but (at least from my limited knowledge of retail hiring) the prospective employer will order (to which you consent to) a standard background check (which likely includes drug testing along with pulling your CR). The background check will also consist of a criminal background check along with visiting the local county court to check your arrest and conviction records. If an arrest record is found which is related to retail i.e. theft then even if no conviction follows from your arrest then you are most likely NOT going to get hired. (The suggestion that you expunge arrest records was not meant to be a mere theoretical exercise) Under OP's circumstances, you won't be able to meet the factual innocence requirement of California Penal Code Section 851.8 to expunge the arrest record. If a criminal conviction is found even if it is unrelated to the nature of your employment then you still may not get hired.

 

 

 

My wife used to work at Gap. They did not perform a criminal background check. Gap did NOT do a drug test. Gap did pull her credit report. She hasn't worked there for some time. Gap could have changed its policy. Wouldn't know. All I can say is what I know to be the standard in my jurisdiction.

 

As to the loss of the wallet, the court isn't going to blame the victim (sorry, victim, you shouldn't have lost your wallet; you get what you deserve). In fact, our plaintiff returned to the store within ten minutes. Very reasonable. Thank goodness we're not held to a high standard when it comes to dropping our wallets at cash registers. It happens. Maybe I read the OP wrong but I believe that the clerk asked her for the wallet. If so then that would NOT be the same thing. i.e. Plaintiff knew of the location of the wallet. However, I could be wrong and definitely would like to avoid going off topie. And it's definitely something that is foreseeable. Just like leaving a credit card at the cash register. It simply happens enough that Gap has a procedure in place when people lose or leave their wallet. I am not sure that Gap has a duty of care for someone that loses their wallet. But again, I am not sure that the wallet was lost. No doubt the wallet was stolen by a Gap employee but it does not follow that Gap itself is responsible.

 

 

Hoapres, Gap has the highest duty of care. OP is an invitee (using a tort principle) on its premises (there to confer a financial benefit on Gap). Moreover, having had a chance to sleep on the situation, this discussion of mitigation, etc., is irrelevant. Indeed, Gap has OP's property. Said property was picked up by one of Gap's other customers. When Gap was given the property by the other customer, it had a duty to keep the wallet in a safe place until the true owner came back to retrieve the item. There is no other option for Gap. It had to keep the wallet and put it some place safe until the customer returned. In this case, the customer came for the wallet within ten minutes of losing the item. Gap had a duty to return the property once OP returned.

 

Instead of keeping property and then returning it to the customer, though, Gap (through its employee) stole the item.

 

Assuming that OP gets the item back -- and everything is there -- the employee is just looking at a theft (the illegal taking of another’s property with the intention to deprive the other of it permanently). If the employee commits more crimes, then those could be tacked on as well.

Edited December 28, 2007 by marcustx

[Credit Matters]

Many will assume the employee was up to no good. But... what if the employee kept your wallet for the purpose of a safe return?

 

Given that OP went straight to that employee and gave her a chance to turn the wallet over herself, we can rule your possibility out. The employee kept the property for herself. When asked about the property (by OP), the employee said that she didn't know where the wallet was. A video tape, of course, shows that the employee was lying.

[yourguide]

OP, please update!

[pryan67]

I would have demanded that the employer call the cashier back under some pretense...at least find out where exactly the crook is...and then have the police go pick her up...

[Umm2Two]

So I just got off the phone with one of the two Gap managers-she believes STILL that it may just be a error of the employee and she has agreed to provide me with the name, address and phone of the employee. She also said it is policy for the employee not to be contacted prior to her returning to work by either a manager or loss prevention so at the earliest that is sometime next week, giving plenty of opportunity to ditch or do otherwise with my wallet and its contents. The reasoning is to stage a face to face confrontation versus a over the phone situation. I guess I am out of luck.

[Sleepless]

Good luck OP!!!

 

Marcustx & Hoapres, I am very intrigued by your assessments.

[yourguide]

So I just got off the phone with one of the two Gap managers-she believes STILL that it may just be a error of the employee and she has agreed to provide me with the name, address and phone of the employee. She also said it is policy for the employee not to be contacted prior to her returning to work by either a manager or loss prevention so at the earliest that is sometime next week, giving plenty of opportunity to ditch or do otherwise with my wallet and its contents. The reasoning is to stage a face to face confrontation versus a over the phone situation. I guess I am out of luck.

 

WHAT??? Can you check your bank acct or CCs for purchase NOW? If there is ANYTHING missing I would call the police. Screw it, I would just call the police...that is SCREWED.

Edited December 28, 2007 by yourguide

[pryan67]

So I just got off the phone with one of the two Gap managers-she believes STILL that it may just be a error of the employee and she has agreed to provide me with the name, address and phone of the employee. She also said it is policy for the employee not to be contacted prior to her returning to work by either a manager or loss prevention so at the earliest that is sometime next week, giving plenty of opportunity to ditch or do otherwise with my wallet and its contents. The reasoning is to stage a face to face confrontation versus a over the phone situation. I guess I am out of luck.

 

 

 

if you have the name and address...then give it to the police...have her arrested...simple

[Cosmos Human]

I would still file a police report.

[Sleepless]

So I just got off the phone with one of the two Gap managers-she believes STILL that it may just be a error of the employee and she has agreed to provide me with the name, address and phone of the employee. She also said it is policy for the employee not to be contacted prior to her returning to work by either a manager or loss prevention so at the earliest that is sometime next week, giving plenty of opportunity to ditch or do otherwise with my wallet and its contents. The reasoning is to stage a face to face confrontation versus a over the phone situation. I guess I am out of luck.

 

That's CRAZY!!!! Did you call the district office??? Go to the police so that they can arrest her!!

[pryan67]

Thanks everyone for your replies and understanding. I just called the police, who were like your calling now??? But I explained I did not have the employees name because Gap did not release it to me, but I was told I need to get in contact with Gap and get her name, then come in and file a police report. I just don't understand why she decided to keep the wallet, knowing that they are able to check the cameras and see what she did. I guess some people are just stupid.

 

 

that's crazy...what sort of cops do you have in your town?

 

 

"Hi, I was just robbed, I need to file a police report"

 

 

"Ok, no problem...who robbed you?"

 

 

"I don't know who it was"

 

"Well, call us back when you have the name and address of the person"

[yourguide]

Yes, go ahead and file a police report. However check your CCs and bank accts online asap to see if anything is missing...the police will ask you about it anyway...

[msmoodyr]

OP ... I would definitely call the police ........not wait until she returns to work for GAP to confront her... its a weekend ..plus new years eve is coming ......

the fact she gave you all those "discounts" .. a perfect stranger ...tells you her intentions are deceitful ..........

[coder]

Terribly sad, someone's child was desperate, and ended up deciding theft was going to be her fate in 2007.